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TOWNSHIP
MINUTES
January 21, 2009
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TOWNSHIP MEETING
JANUARY 21, 2009
The regular scheduled meeting of the Mayor and
Committee of the Township of Oxford was held on
January 21, 2009 in the Township Municipal Building,
11 Green Street, Oxford, New Jersey.
Mayor Angelo Accetturo announced that the meeting
had been properly advertised in compliance with the
OPMA of 1975 and called the meeting to order at 6:
05 PM.
In attendance were N. Angelo Accetturo, Bonnie
Riley, William Bray (arrived at 6:10 PM), Michael
Lavery, Michael Finelli, and Sheila L. Oberly.
Everyone stood and recited the flag salute.
Mr. Accetturo stated that the tax, and sewer reports
for December 2008 are available to the public in the
back of the room.
On motion by Mrs. Riley and seconded by Mr.
Accetturo to approve the December 10, 2008 Township
Minutes.
ORDINANCE 2009-01
AN ORDINANCE TO INCREASE THE LOCAL GOVERNMENT CAP
LAW
NJS 40A:4-45.1 et seq TO THREE AND ONE-HALF PERCENT
OVER THE PREVIOUS YEAR’S FINAL APPROPRIATIONS
WHEREAS, the Local Government Cap Law NJS 40A;4-45.1
et seq., provides that in the preparation of its
annual budget, a municipality shall limit any
increase in said budget to two and one-half percent
(2.5%) unless authorized by ordinance to increase it
to three and one-half percent (3.5%) over the
previous year’s appropriations, subject to certain
exceptions: and
WHEREAS, NJSA 40A:4-45.15a provides that a
municipality may, when authorized by ordinance,
appropriate the difference between the amount of its
actual final appropriation and the three and
one-half (3.5%) percentage rate as an exception to
its final appropriations in either of the next two
succeeding years; and
WHEREAS, the Governing Body of the Township of
Oxford in the County of Warren finds it advisable
and necessary to increase its 2008 budget by up to
three and one-half (3.5%) over the previous year’s
final appropriations, in the interest of promoting
the health, safety and welfare of the citizens; and
WHEREAS, the Governing Body hereby determines that a
three and one-half percent (3.5%)increase in the
budget for said year, amounting to $17,936.55 in
excess of the increase in final appropriations
otherwise permitted by the Local Government Cap Law,
is advisable and necessary.
WHEREAS, the Governing Body of the Township of
Oxford hereby determines that any amount authorized
hereinabove that is not appropriated, as part of the
final budget shall be retained as an exception to
final appropriation in either of the next two
succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Governing Body
of the Township of Oxford, in the County of Warren,
a majority of the full authorized membership of this
governing body affirmatively concurring that, in the
2008 budget year, the final appropriations of the
Township of Oxford shall, in accordance with the
ordinance and NJSA 40A:4-45.14 be increased by 3.5%,
amounting to $62,777.93 and that the 2008 municipal
budget for the Township of Oxford be approved and
adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED, that any amount authorized
hereinabove that is not appropriated as part of the
final budget shall be retained as an exception to
final appropriation in either of the next two
succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of
this ordinance as introduced be filed with the
Director of the Division of Local Government
Services within five (5) days of introduction; and
BE IT FURTHER ORDAINED, that a certified copy of
this ordinance upon adoption, with the recorded vote
included thereon, be filed with said Director within
five (5) days after such adoption.
NOTICE IS HEREBY GIVEN, that the above entitled
ordinance was approved on first reading at a meeting
of the Township Committee of the Township of Oxford
held on January 21, 2009 at the Oxford Township
Municipal Building at 11 Green Street, Oxford, New
Jersey. Public Hearing concerning the same will be
held at a regular meeting of the Mayor and Committee
on February 18, 2009 at or near 6:00 PM at the
Oxford Township Municipal Building at which time all
persons both for and against shall be given the
opportunity to be heard concerning the same.
On motion by Mrs. Riley and seconded by Mr.
Accetturo to introduce on first reading Ordinance
2009-01 To Increase the Local Government Cap Law to
Three and One-Half Percent Over the Previous Year’s
Final Appropriations.
RESOLUTION 2009-21
REFUNDING TAX SALE CERTIFICATE #483
THAT WAS REDEEMED
WHEREAS, the property owned by Kelly, Brad J &
Elinor Kiesling, also known as Block 10, Lot 14
located at 34 Buckley Ave. had unpaid 2007 sewer
service charges and was sold at a Tax Sale held on
July 21st, 2008 by the Oxford Township Tax
Collector; and
WHEREAS, Arthur Frustaci of 1178 Fifth Ave, Alpha,
NJ 08865 was the successful bidder of the above
stated property; and the amount of the Tax Sale
consisted of sewer service charges, interests and
other costs, and totaled $732.05 and is represented
by Tax Sale Certificate #483; and
WHEREAS, Countrywide Home Loans paid $864.57 on
January 16, 2009 to the Oxford Township Tax
Collector to satisfy the outstanding Tax Sale
Certificate;
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
21st day of January 2009 that the Chief Financial
Officer be authorized to draw a check payable to
“Arthur Frustaci” in the amount of $864.57 for the
redemption of Tax Sale Certificate #483 and that
such check be handed over to the Tax Collector’s
Office for mailing;
BE IT FURTHER RESOLVED that the Tax Collector be
directed to return the satisfied Tax Sale
Certificate to the attention of Connie Jolly of
Countrywide Home Loans, Inc. at MS:SVW-24, PO Box
10211, Van Nuys, CA 91499-6089 for their further
recording with the Warren County Clerk’s Office.
RESOLUTION 2009-22
REFUNDING TAX SALE CERTIFICATE #480
THAT WAS REDEEMED
WHEREAS, the property owned by Brian & Nancy Venezia,
also known as Block 1.01, Lot 27 located at 99
Jonestown Road had unpaid 2007 sewer service charges
and was sold at a Tax Sale held on July 21st, 2008
by the Oxford Township Tax Collector; and
WHEREAS, Arthur Frustaci of 1178 Fifth Ave, Alpha,
NJ 08865 was the successful bidder of the above
stated property; and the amount of the Tax Sale
consisted of sewer service charges, interests and
other costs, and totaled $758.93 and is represented
by Tax Sale Certificate #480; and
WHEREAS, Countrywide Home Loans paid $894.41 on
January 16, 2009 to the Oxford Township Tax
Collector to satisfy the outstanding Tax Sale
Certificate;
NOW, THEREFORE BE IT RESOLVED by the Mayor and
Township Committee of the Township of Oxford on this
21st day of January 2009 that the Chief Financial
Officer be authorized to draw a check payable to
“Arthur Frustaci” in the amount of $894.41 for the
redemption of Tax Sale Certificate #480 and that
such check be handed over to the Tax Collector’s
Office for mailing;
BE IT FURTHER RESOLVED that the Tax Collector be
directed to return the satisfied Tax Sale
Certificate to the attention of Connie Jolly of
Countrywide Home Loans, Inc. at MS:SVW-24, PO Box
10211, Van Nuys, CA 91499-6089 for their further
recording with the Warren County Clerk’s Office.
On motion by Mrs. Riley and seconded by Mr.
Accetturo to adopt Resolution 2009-21 Tax Sale
Certificate # 483 and Resolution 2009-22 Tax Sale
Certificate #480.
RESOLUTION 2009-23
JOINING THE MORRIS COUNTY
COOPERATIVE PRICING COUNCIL (MCCPC)
A RESOLUTION AUTHORIZING THE TOWNSHIP OF OXFORD
TO ENTER INTO A COOPERATIVE PRICING AGREEMENT WITH
THE MORRIS COUNTY COOPERATIVE PRICING COUNCIL HEREIN
AFTER REFERRED TO AS THE “LEAD AGENCY” FOR THE
CONDUCT OF CERTAIN FUNCTIONS RELATING TO THE
PURCHASE OF WORK MATERIALS AND SUPPLIES FOR THEIR
RESPECTIVE JURISDICTIONS.
BE IT RESOLVED by Oxford Township of the Township of
Oxford, County of Warren and State of New Jersey:
This Resolution shall be known and may be sited as
the Cooperative Pricing Resolution of the Township
of Oxford
Pursuant to the provisions of N.J.S.A. 40A:
11-11(5), the Mayor is authorized to enter into a
Cooperative Pricing Agreement with the Morris County
Cooperative Pricing Council for the purchase of
work, materials and supplies.
The Morris County Cooperative Pricing Council
entering into contracts on behalf of the Township of
Oxford shall be responsible for complying with the
provisions of Local Public Contracts Law (N.J.S.A.
40A: 11-1 et seq.) and all other provisions of the
revised statues of the State of New Jersey.
All Resolutions or parts inconsistent with this
Resolution shall be and the same are hereby
repealed.
On motion by Mr. Accetturo and seconded by Mrs.
Riley to adopt Resolution 2009-23 To Enter into a
Cooperative Pricing Agreement with the Morris County
Cooperative Pricing Council.
ENGINEERS REPORT
Mr. Finelli explained that it is every
Municipality’s responsibility in Warren County to do
a Wastewater Management Plan. The deadline for
submission of a WMP is July 2009 and a letter must
be forwarded to NJDEP as requested in regards to the
Plan.
Mr. Finelli sent a letter to Chris Guida, Executive
Director of The Pequest River Municipal Utility
Authority on behalf of Oxford Township, and were
awarded a $3,000 grant to help pay for development
of this plan.
Mr. Finelli and Mr. Lavery will compile an RFP to be
submitted to engineers asking for prices to
construct the WMP. Mr. Finelli will update the
Committee at the February 18th meeting.
As stated by Mr. Finelli, in reference to the
Highland Plan Conformance, he has submitted the
paperwork, (petition and resolution) to grant the
year extension, primarily for the Housing Element
Fair Share Plan. He also stated that he is
proceeding with the Plan Conformance-six step
process initiated through the Highlands Council for
the Township to render an educated, intelligent
decision on whether or not Oxford intends to conform
to the Highland’s Regional Master Plan.
There are two primary components at this time. The
first is to go through the process since Oxford
requested and received this extension. The second
part is there are grants available with no strings
attached that would allow all professional fees to
be reimbursed. Mr. Finelli will attend an
informational seminar tomorrow afternoon at the
Highland’s Council.
On motion by Mr. Accetturo, seconded by Mr. Bray and
passed unanimously on roll call vote to authorize
Mr. Finelli to apply for all the grants that is
available to the Township for the Highlands Plan
Conformance.
Mr. Finelli stated that the Township should start
thinking about appointing, retaining, or authorizing
some firm to prepare the Housing Element Fair Share
Plan.
On motion by Mr. Bray, seconded by Mr. Accetturo and
passed unanimously on roll call vote to authorize
Michael Finelli and Michael Lavery to prepare an RFP
and submit it to firms qualified to prepare the
Housing Element Fair Share Plan.
ATTORNEY REPORT:
Mr. Lavery submitted the following ordinance.
ORDINANCE NO. 2009-02
ORDINANCE OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, AND STATE OF NEW JERSEY, AMENDING THE OXFORD
TOWN CENTER REDEVELOPMENT PLAN TO RESCIND ORDINANCE
2006-17 REDUCING THE TIME ALLOWED FOR REHABILITATION
FROM FIVE YEARS TO TWO YEARS.
WHEREAS, the Township had previously passed
Ordinance 2006-17 which served to reduce the time
allowed for rehabilitation within the Town Center
Redevelopment Zone from five years to two years; and
WHEREAS, the amended Ordinance as well as other
issues were challenged in a lawsuit instituted by 50
Wall Street, LLC; and
WHEREAS, the parties have resolved the litigation
between them with one of the stipulations being that
the Township would rescind the earlier Ordinance
amendment; and
WHEREAS, the Township Committee believes it is in
the best interest of the citizens of Oxford Township
to repeal the prior Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Township
Committee of the Township of Oxford, County of
Warren, State of New Jersey, that:
Section 1.
Ordinance 2006-17 is hereby repealed in its entirety
and the time allowed for rehabilitation shall remain
five years as originally stated.
Section 2.
Should any part or parts of this Ordinance be held
to be invalid by any competent court of law, such
invalidity shall only affect the part or parts held
to be invalid, and all other parts shall remain in
effect.
Section 3.
Severability. The various parts, sections and
clauses of this Ordinance are hereby declared to be
severable. If any part, sentence, paragraph, section
or clause is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder off
this Ordinance shall not be affected thereby.
Section 4.
Repealer. Any ordinances
or parts thereof in conflict with the provisions of
this Ordinance are hereby repealed as to their
inconsistencies only.
Section 5.
Effective Date. This Ordinance shall take effect
upon its passage and publication as required by law.
NOTICE is hereby given that the foregoing Ordinance
was introduced to pass on first reading at a regular
meeting of the Committee of the Township of Oxford
held on January 21, 2009 at 6:00 PM., and ordered
published in accordance with the law. Said Ordinance
will be considered for final reading and adoption at
a regular meeting of the Township Committee to be
held on February 18, 2009 at 6:00 PM. or as soon
thereafter as the Township Committee may hear this
Ordinance at the Municipal Building, 11 Green
Street, Oxford, New Jersey, at which time all
persons interested may appear for or against the
passage of said Ordinance.
On motion by Mr. Bray and seconded by Mrs. Riley to
introduce on first reading Ordinance 2009-02
Amending the Oxford Town Center Redevelopment Plan
to Rescind Ordinance 2006-17 Reducing the Time
Allowed for Rehabilitation from Five Years to Two
Years. Mr. Accetturo abstained.
RESOLUTION 2009-24
RESOLUTION OF THE TOWNSHIP OF OXFORD, COUNTY OF
WARREN, STATE OF NEW JERSEY RESCINDING RESOLUTION
2007-73 REGARDING PRELIMINARY INVESTIGATION FOR
REDEVELOPMENT OF PROPERTY KNOWN AS BLOCK 45 LOT 1
WHEREAS, the Governing Body of the Township of
Oxford had previously adopted a Resolution on
December 19, 2006, directing the Land Use Board of
the Township of Oxford to undertake a preliminary
investigation to determine whether a proposed area
of the Township, referred to as the “Study Area”
including all streets or portions thereof that are
within the boundaries of the area, is an area in
need of redevelopment pursuant to N.J.S.A.
40A:12A-5; and
WHEREAS, the study included Block 45, Lot 1 and
Block 42, Lot 13 located at 50 Wall Street and
situated in the B-Business and R-120 Zones in the
Township of Oxford; and
WHEREAS, the Land Use Board of the Township of
Oxford held public hearings on the matter on August
13, October 8 and November 12, 2007 to allow for
full examination of the study area pursuant to the
provisions of N.J.S.A. 40A:12A-5; and
WHEREAS, on December 10, 2007, the Land Use Board of
the Township of Oxford memorialized a Resolution
making a recommendation to the Governing Body of the
Township of Oxford that all of the properties in the
study area are, in fact, in need of redevelopment;
and
WHEREAS, the Governing Body had accepted and
considered the December 10, 2007 Resolution of the
Land Use Board concerning the Board’s recommendation
that the Governing Body find that the properties in
the study area are properties in need of
redevelopment pursuant to the provisions of N.J.S.A.
40A:12A-5; and
WHEREAS, as a result of that designation, litigation
was filed by 50 Wall Street, LLC, against the
Township of Oxford and the Township of Oxford Land
Use Board; and
WHEREAS, the foregoing litigation was settled; and
WHEREAS, as part of that settlement, the Township
was to pass a Resolution rescinding Resolution
2007-73;
NOW, THEREFORE, BE IT RESOLVED that pursuant to the
settlement reached in Township of Oxford, et al.
adv. 50 Wall Street, LLC, Resolution 2007-73 is
hereby rescinded.
On motion by Mr. Bray and seconded by Mrs. Riley to
adopt Resolution 2009-24 Rescinding Resolution
2007-73. Mr. Accetturo abstained.
On motion by Mrs. Riley, seconded by Mr. Bray and
passed unanimously on roll call vote to approve the
Blue Emergency Light for Duane Quigley.
Mr. Lavery will check with the title company in
regards to the property owner of Block 42, Lot 9,
Block 42, Lot 17, behind Wilkins field. The Township
paid the title search company, which stated they
could not find the deed to this property, which the
Warren County Board of Health gave the Township a
copy of the deed in question.
PUBLIC COMMENT:
A suggestion was given to have executive session
meeting either at the beginning or at the end of the
meeting. Mr. Accetturo stated that the Township
usually always holds the executive meeting at the
end but the December meeting it was held at the
beginning. The meeting was rescheduled because of
the Christmas holiday and the professionals had
other commitments and had to leave early, thus
executive session meeting was held first.
Mrs. Riley stated that she has received notification
from PCFA that they have waived the Township
Clean-up bills in the amount of $4,600.00.
The Public Comment period was closed.
EXECUTIVE SESSION
WHEREAS, Section 8 of the Open Public Meeting Act,
Chapter 231, P.L. 1975, permits the exclusion of the
public from a meeting in certain circumstances, and
WHEREAS, this public body is of the opinion that
such circumstances presently exist.
1. The public shall be excluded from the discussion
of any action upon the hereinafter-specific subject
matter.
2. The general nature of the subject matter to be
discussed is: contractual negotiations- (police) and
potential litigation (police).
3. It is anticipated at this time that the above
stated subject matter will be made public at the
conclusion of the litigation. The motion carried
with the following roll call vote.
On motion by Mrs. Riley and seconded by Mr. Bray, to
enter into Executive session at 7:00 PM.
Entered into open session at 7:35 PM on motion by
Mrs. Riley and seconded by Mr. Bray. No Official
Action was taken.
Mrs. Riley and Mr. Accetturo discussed that at this
time there is only one Oxford Township member on the
PRMUA board and the by-laws were changed to reflect
there is no designated seats per town.
On motion by Mrs. Riley, seconded by Mr. Accetturo
and passed unanimously on roll call vote to pay all
the bills listed on the January Bill List except
Comcast for $115. 20.
On motion by Mr. Bray, seconded by Mrs. Riley and
passed unanimously on roll call vote to adjourn at
7:40 PM.
_________________________________
Sheila L. Oberly, RMC
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